MAN ARRESTED FOR SNOOPING ON SPOUSE'S WHATSAPP

MBABANE – Police have made yet another arrest for alleged snooping on one’s WhatsApp by a spouse.

This happens a couple of months after a woman was arrested for allegedly viewing her husband’s WhatsApp messages. Her matter is pending at the Mbabane Magistrates Court.

A 36-year-old man has now been arrested for a similar offence. Mfanawenkhosi Dlamini from Kholwane is alleged to have viewed his partner’s WhatsApp messages without her consent.

Temacusi Manana did not take kindly to her partner going through her cellphone without her permission and reported him to the police. This happened on Sunday.

Dlamini appeared before Senior Magistrate Jabulani Maphalala yesterday, charged for reportedly contravening Section 3 (1) of the Computer Crime and Cybercrime Act No.6/2022.

Messages

According to the prosecution, Dlamini accessed his Manana’s WhatsApp messages without her consent on Sunday.

Adding to the severity of the matter, Dlamini is also accused of intentionally hacking Manana multiple times with a bush knife, causing injuries to her right arm and abdomen.

For this offence, he was charged for allegedly contravening Section 77 (1)(a) of the Sexual Offences and Domestic Violence Act 15/2018. He is currently remanded in custody until March 20, 2025, pending Manana’s recovery.

In a similar case, where a woman was arrested for a similar offence, there was widespread debate in various sectors resulting from Dludlu’s arrest.

The accused persons face up to three years in prison for allegedly viewing their partner’s messages without their consent.

Mdluli is also alleged to have contravened the Computer Crime and Cybercrime Act of 2022, which criminalises accessing any part of a computer system without justification.

The Act stipulates increased penalties for those who breach security measures to obtain data, with fines reaching E500 000 and potential imprisonment for up to five years.

Insulted

Dludlu, who also allegedly insulted her husband based on the information she found, pleaded not guilty to the unauthorised access charge but admitted to the insults, claiming they differed from those recorded in the police statement. Principal Magistrate Fikile Nhlabatsi remanded Dludlu out of custody until March 10 for trial.

These cases underscore the Act’s Section 3, which states that anyone who intentionally and without lawful excuse or justification accesses or destroys computer data, communicates, discloses or transmits computer data, programmes, access codes or commands to unauthorised persons, commits an offence. Convictions can result in fines up to E5 000 or imprisonment for up to three years or both.

The trend of digital offences extends beyond WhatsApp snooping.

Recently, Nontsikelelo Lebohang Gina of Mbikwakhe was arrested for allegedly intimidating, insulting, harassing and causing emotional distress to a woman she suspected of having a relationship with her husband. Gina allegedly posted Sonto on a Facebook page, Eswatini Ladies House, accusing her of using muti (traditional medicine) to cause her bad luck and harm her husband.

Interpersonal

Furthermore, in a separate incident highlighting the volatile nature of interpersonal disputes in the digital age, Hlengiwe Mathunjwa of Masekweni was arrested after purportedly forcefully undressing *Nosipho and recording a video, which she then shared on WhatsApp. This act of revenge stemmed from Mathunjwa’s belief that Nosipho was involved with the father of her child. The terrified Nosipho was reportedly threatened with a sharp object and coerced into removing her clothing.

These cases collectively illustrate the growing legal challenges posed by the digital age in Eswatini.

They serve as a stark reminder of the potential consequences of unauthorised access to electronic devices and the importance of respecting digital boundaries. As the courts grapple with these novel issues, they are setting precedents that will shape the future of digital privacy and security in the country.

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